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| Long title | An Act to empower the Chief of the United States Capitol Police to unilaterally request the assistance of the DC National Guard or Federal law enforcement agencies in emergencies without prior approval of the Capitol Police Board. |
|---|---|
| Enacted by | the117th United States Congress |
| Effective | December 22, 2021 |
| Citations | |
| Public law | Pub. L. 117–77 (text)(PDF) |
| Statutes at Large | 135 Stat. 1522 |
| Legislative history | |
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TheCapitol Police Emergency Assistance Act of 2021 (S.3377) is anAct of theU.S. Congress enacted on December 22, 2021, granting theCapitol Police chief authority to request emergency assistance from theNational Guard and federal law enforcement agencies. It was passed in response to theJanuary 6 attack on the U.S. Capitol.[1][2]
During theJanuary 6 United States Capitol attack, when supporters of PresidentDonald Trump stormed theCapitol, theU.S. Capitol Police struggled to contain the mob due in part to delays in obtainingNational Guard support.[3] Under the existing policy at the time, the Capitol Police Chief needed prior approval from theCapitol Police Board, a four-member panel, to request National Guard assistance. This requirement contributed to delays in the deployment of reinforcements.[4]
A bipartisan report released in June 2021 by theSenate Rules andHomeland Security Committees highlighted critical failures in the security protocols on January 6.[5] The report stated that the events “clearly demonstrated the need for the Chief of the Capitol Police to have more unilateral flexibility to quickly request assistance in an emergency.”[4][6]
It also found that “none of the members of theCapitol Police Board appeared fully familiar with the process or requirements relating to emergency declarations or requesting external support,” leading to delays in the deployment of theNational Guard both on and beforeJanuary 6.[7] The report was key to creating the political will for granting the Capitol Police Chief the authority to request emergency assistance directly, without requiring prior approval from the Capitol Police Board.[6]
Former Capitol Police ChiefSteven Sund, who resigned following the attack, testified in February 2021 that his requests forNational Guard assistance were denied by theHouse andSenate Sergeants at Arms. Sund argued that “in exigent circumstances, there needs to be a streamlined process for the Capitol Police Chief to have authority.”[8]
This sentiment was echoed by then-Commander of theD.C. National Guard, Gen.William J. Walker, who testified that his ability to deploy troops was restricted by a memo requiring approval from theSecretaries of the Army andDefense before responding to a civil disturbance.[8]
In the aftermath, congressional leaders and security experts called for reforms to improve theCapitol Police's ability to respond swiftly to crises. As such, the Capitol Police Emergency Assistance Act of 2021 was crafted to address these issues by streamlining decision-making during emergencies. The legislation was based on recommendations from the bipartisan Senate report and law enforcement testimonies.[8]
SenatorAmy Klobuchar (D‑MN), chairwoman of theSenate Rules and Administration Committee, emphasized the urgency of the reforms, stating, “Our report found that Capitol Police officers and their law enforcement partners were left alone to defend theCapitol and our democracy itself from violent insurrectionists, while the Chief of the Capitol Police was delayed in obtaining approval to request help from the National Guard.”[8] Co-sponsor SenatorRoy Blunt (R‑MO) also noted that the legislation was “part of our ongoing effort to strengthen Capitol security moving forward.”[7]
The core provision of the legislation authorizes the Chief of theCapitol Police to request the assistance of federal agencies during emergencies.[9]
The provisions are structured around 3 main legislative changes to address vulnerabilities from the January 6 attack: streamline emergency procedures, improve security coordination, and enhance oversight of the U.S. Capitol Police.[11]
S.3377 was introduced in theSenate on May 27, 2021, by SenatorAmy Klobuchar (D‑MN), with bipartisan support from 8 other senators.[12] The bill was referred to theSenate Committee on Rules and Administration, where it underwent initial review and discussion.[13]
After deliberations, the bill was reported out of the committee without amendments. On December 14, 2021, the Senate passed the bill byunanimous consent.[14]
Following Senate approval, the bill was sent to theHouse of Representatives, where it was considered undersuspension of the rules, a streamlined process for passing legislation with broad bipartisan support. The House passed the legislation unanimously on December 21, 2021.[14]
PresidentJoe Biden signed the Capitol Police Emergency Assistance Act of 2021 into law on December 22, 2021.[9]
United States Capitol Police ChiefJ. Thomas Manger said the Department is “grateful for the additional safety measure” provided by the Act.[15]
This article incorporatespublic domain material from websites or documents of theWhite House. This article incorporatespublic domain material from websites or documents of theUnited States Capitol Police.